Kerala HC Dismisses PIL Challenging Pope's Authority Over Church Properties In India [Read Judgment]

The High Court of Kerala on Monday dismissed a Public Interest Litigation which sought to declare the 'Code of Canon' giving the Pope of Catholic Church powers over Church properties in India as 'unconstitutional and opposed to the sovereignty of India'.

The petitioner Anoop M S contended that the Pope in Vatican can have no say in the transaction of the Church properties in this country. The Catholic Pontiff should not be having any authority to issue directions regarding management of properties of Syro-Malabar and Syro-Malankara Churches in India, argued the petitioner.

The Division Bench of Chief Justice Hrishikesh Roy and Justice A K Jayasankaran Nambiar was not impressed with the locus standi of the petitioner, who admitted to be having affiliation to a political party. Though the petitioner claimed to be having no personal interest and stated that he was concerned about administration of Church properties in accordance with Indian laws, the Court did not express satisfaction.

"In the instant case, the litigant is not an aggrieved party who belongs to the particular denomination...The Court's perception here is that motive of this PIL is extraneous and perhaps cheap publicity", observed the bench.

The Court also observed that a religious denomination had the fundamental right under Article 26(d) of the Constitution of India to administer properties and manage its own affairs in accordance with law.

"...so long as administration of the properties of Churches is done in accordance with the applicable laws in India, in matters of internal administration and policy, the Court's intervention would not be warranted.", it said.

The petitioner raised another argument that the Church properties are public trusts and their alienation can be done only with the permission of the jurisdictional civil court as per Section 92 of the Code of Civil Procedure.

The Court refused to examine this argument by stating that it was not the appropriate forum for it. The aggrieved party has to approach a civil court and not the High Court by way of Public Interest Litigation to raise grievance pertaining to Section 92 of the Code of Civil Procedure, the bench added. 

Finding the petition to be frivolous, cost of Rs.25,000 was imposed by the Court.

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